Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
28 March 2016
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Notices]
[Pages 17237-17240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06955]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0351]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 22 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on or before April 27, 2016. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0351 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
[[Page 17238]]
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 22 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
II. Qualifications of Applicants
Lee R. Boykin
Mr. Boykin, 54, has open angle glaucoma in his right eye since 2008
causing a visual field defect. The visual acuity in his right eye is
20/30, and in his left eye, 20/20. Following an examination in 2015,
his ophthalmologist stated, ``In my professional medical opinion, he
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle at this time.'' Mr. Boykin reported that he has
driven straight trucks for 1 years, accumulating 9,000 miles and
tractor-trailer combinations for 28 years, accumulating 3.40 million
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows no crashes and one conviction for a moving violation
in a CMV; speeding.
Donald Carrillo
Mr. Carrillo, 53, has had a prosthetic right eye since 1986 due to
a traumatic incident. The visual acuity in his right eye is no light
perception, and in his left eye, 20/15. Following an examination in
2015, his ophthalmologist stated, ``In our opinion, vision is
sufficient to operate a commercial vehicle.'' Mr. Carrillo reported
that he has driven straight trucks for 24 years, accumulating 22,800
miles and buses for 23.5 years, accumulating 21,150 miles. He holds an
operator's license from New Mexico. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Carl F. Cryer
Mr. Cryer, 29, has had optic nerve damage in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/200, and in his left eye, 20/20. Following an examination in 2015,
his optometrist stated, ``However, I DO [sic] feel that he has
sufficient vision to perform the driving tasks required to operate a
commercial.'' Mr. Cryer reported that he has driven straight trucks for
8 years, accumulating 60,000 miles. He holds a Class DV operator's
license from Alabama. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Steven W. Day
Mr. Day, 65, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/150, and in his left eye, 20/
20. Following an examination in 2015, his ophthalmologist stated, ``In
my medical opinion, Mr. Day has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Day
reported that he has driven straight trucks for 20 years, accumulating
60,000 miles and tractor-trailer combinations for 30 years,
accumulating 60,000 miles. He holds a Class A CDL from Missouri. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Roger M. Dunaway
Mr. Dunaway, 40, has had aphakia in his right eye since childhood.
The visual acuity in his right eye is counting fingers, and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``The applicant was found to be visually able to safely operate a
commercial motor vehicle.'' Mr. Dunaway reported that he has driven
straight trucks for 15 years, accumulating 487,500 miles and tractor-
trailer combinations for 9 years, accumulating 162,000 miles. He holds
a Class DMA CDL from Kentucky. His driving record for the last 3 years
shows one crash, which he was not cited for, and no convictions for
moving violations in a CMV.
Horace N. Goss
Mr. Goss, 58, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
25. Following an examination in 2015, his optometrist stated, ``I
certify in my medical opinion that Horace Goss has sufficient vision to
perform driving task to be able to drive a commercial vehicle.'' Mr.
Horace reported that he has driven straight trucks for 10 years,
accumulating 600,000 miles, and tractor-trailer combinations for 34
years, accumulating 2.72 million miles. He holds a Class A CDL from
Texas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Matt A. Guilmain
Mr. Guilmain, 44, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, light perception. Following an examination in 2015, his
optometrist stated, ``Patient's vision is sufficient to drive a
commercial vehicle.'' Mr. Guilmain reported that he has driven straight
trucks for 5 years, accumulating 192,000 miles. He holds a Class B CDL
from New Hampshire. His driving record for the last 3 years shows one
crash in a CMV, for which he contributed by making an improper lane
change, and no convictions for moving violations in a CMV.
Hugo N. Gutierrez
Mr. Gutierrez, 33, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``However, he does have normal vision in his left eye and in my
opinion is able to perform driving tasks to operate a commercial
vehicle.'' Mr. Gutierrez reported that he has driven straight trucks
for 5 years, accumulating 13,000 miles. He holds an operator's license
from Indiana. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Mr. Edward R. Hunt
Mr. Hunt, 46, has had a central scotoma in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2015, his ophthalmologist
stated, ``I certify that in my medical opinion he has more than
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hunt reported that he has driven straight
trucks for 10 years, accumulating 55,000 miles and tractor-
[[Page 17239]]
trailer combinations for 3 years, accumulating 7,500 miles. He holds a
Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
William J. Kanaris
Mr. Kanaris, 53, has had strabismic amblyopia in his right eye
since birth. The visual acuity in his right eye is light perception,
and in his left eye, 20/15. Following an examination in 2015, his
optometrist stated, ``In my medical opinion, I believe Mr. Kanaris has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Kanaris reported that he has driven straight
trucks for 30 years, accumulating 360,000. He holds a Class B CDL from
New York. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Harvey Klein
Mr. Klein, 76, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
50. Following an examination in 2015, his optometrist stated, ``It is
my medical opinion, Mr. Klein, has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. Klein reported
that he has driven buses for 22 years, accumulating 440,000 miles. He
holds a Class C CDL from New Jersey. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Ronnie L. McHugh
Mr. McHugh, 57, has had amblyopia in his left eye since 1989. The
visual acuity in his right eye is 20/20, and in his left eye, 20/100.
Following an examination in 2015, his optometrist stated, ``In my
medical opinion, Ronnie L. McHugh has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. McHugh
reported that he has driven straight trucks for 31 years, accumulating
465,000 miles and tractor-trailer combinations for 26 years,
accumulating 260,000 miles. He holds a Class A CDL from Kansas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Walter J. Musty
Mr. Musty, 70, has had a corneal scar in his left eye since 2011.
The visual acuity in his right eye is 20/20, and in his left eye, no
light perception. Following an examination in 2015, his ophthalmologist
stated, ``I Certify [sic] that, in my medical opinion, the applicant's
visual deficiency is stable; the applicant has sufficient vision to
perform the driving tasks required to operate a commercial motor
vehicle, and, the applicant's condition will not adversely affect his/
her ability to operate a commercial motor vehicle safely.'' Mr. Musty
reported that he has driven straight trucks for 12 years, accumulating
39,000 miles. He holds a Class D operator's license from Minnesota. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
John O'Boyle
Mr. O'Boyle, 58, has had aphakia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, hand
motion. Following an examination in 2015, his optometrist stated, ``I
certify that in my medical opinion the above named patient has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. O'Boyle reported that he has driven straight
trucks for 40 years, accumulating 1.66 million miles. He holds a Class
B CDL from Pennsylvania. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Michael L. Robinson
Mr. Robinson, 45, has macular scarring in his right eye due to a
traumatic incident in 2009. The visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2015, his
optometrist stated, ``It is my opinion that Mr. Robinson has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Robinson reported that he has driven straight trucks for
11 years, accumulating 330,000 miles. He holds a Class B CDL from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Donald P. Ruckinger
Mr. Ruckinger, 75, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``I
believe that MR. [sic] Ruckinger in my medical opinion has adapted to
his stable visual condition and has sufficient vision to perform the
driving tasks required to operate a commercial vehicle . . .'' Mr.
Ruckinger reported that he has driven tractor-trailer combinations for
40 years, accumulating 2 million miles. He holds a Class A CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Mark A. Sanders
Mr. Sanders, 59, has a prosthetic left eye due to a traumatic
incident in 1994. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``My assessment is that his vision does allow
him to perform normally and safely for all tasks, including those for
use as a commercially certificated driver.'' Mr. Sanders reported that
he has driven straight trucks for 43 years, accumulating 1.1 million
miles, tractor-trailer combinations for 34 years, accumulating 3.4
million miles and buses for 2 years, accumulating 40,000 miles. He
holds a Class A CDL from Oklahoma. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Michael J. Scarano
Mr. Scarano, 59, has had a prosthetic right eye since 1965 due to a
traumatic incident. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2015, his ophthalmologist stated, ``Mr. Michael J. Scarano's Snellen
visual acuity, peripheral vision and visual field test have remained
unchanged from 2012. Accordingly, his visual ability to operate a
commercial vehicle has remained unchanged as well.'' Mr. Scarano
reported that he has driven straight trucks for 41 years, accumulating
2.4 million miles and tractor-trailer combinations for 10 years,
accumulating 150,000. He holds a Class B CDL from New Jersey. His
driving record for the last 3 years shows one crash in a CMV, for which
he contributed by making an improper turn, and no convictions for
moving violations in a CMV.
Edward P. Schrader II
Mr. Schrader, II, 29, has had amblyopia in his right eye since
birth. The visual acuity in his right eye is 20/400, and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``I certify that he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Schrader reported that
he has driven straight trucks for 2 years, accumulating 50,000 miles
and tractor-trailer combinations for 6 years, accumulating 150,000
miles. He holds a Class A CDL from Washington. His driving record for
the last 3 years shows
[[Page 17240]]
no crashes and no convictions for moving violations in a CMV.
Charles H. Strople
Mr. Strople, 73, had a retinal detachment in his left eye in 2011.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2015, his ophthalmologist stated, ``In
my medical opinion, Mr. Strople has sufficient vision to operate a
commercial vehicle.'' Mr. Strople reported that he has driven straight
trucks for 49 years, accumulating 980,000 miles, and tractor-trailer
combinations for 49 years, accumulating 2.45 million miles. He holds a
Class A CDL from Massachusetts. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Eddie Walker
Mr. Walker, 44, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2015, his optometrist stated, ``In my
medical opinion Chad's depth perception based on adapting since birth
to the amblyopic Left Eye [sic] is sufficient and given all vision
testing I would give the recommendation that Chad has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Walker reported that he has driven tractor-trailer
combinations for 16 years, accumulating 672,000 miles. He holds a Class
A CDL from North Carolina. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Trent Wipf
Mr. Wifp, 30, has been blind in his right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2015, his optometrist stated, ``I, Erica Seelye, O.D., hereby certify
that Trent Wipf has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Wipf reported that he
has driven straight trucks for 15 years, accumulating 15,000 miles and
tractor-trailer combinations for 15 years, accumulating 300,000 miles.
He holds a Class A CDL from South Carolina. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
III. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2015-0351 in the ``Keyword'' box, and click
``Search. When the new screen appears, click on ``Comment Now!'' button
and type your comment into the text box in the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit. If you submit your comments by mail
or hand delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope.
FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number FMCSA-2015-0351 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
Issued on: March 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-06955 Filed 3-25-16; 8:45 am]
BILLING CODE 4910-EX-P